Partnering for Compliance:
The Clery Act and Student Affairs
Dr John Wesle
Dr.
Wesley Lowery
Lo er
Associate Professor, Student Affairs in Higher Education
Indiana University of Pennsylvania
2009 NASPA C
Conference
f
http://www.johnwesleylowery.com
John Wesley Lowery, Ph.D.
Jeanne Clery (1966-1986)
• Raped and murdered by a
fellow student in her residence
hall room on April 5, 1986 at
Lehigh University.
• Josoph M. Henry was able to
enter Jeanne’s residence hall
room through a series of
residence hall doors propped
open with pizza boxes.
• Josoph M. Henry was
originally convicted and
sentenced to death. Several
years ago, the death penalty
was overturned, and he is now
serving life in prison.
The Jeanne Clery Disclosure of
Campus Security Policy and
Campus Crime Statistics Act
• Originally passed in 1990 as part of the Student Right-toKnow and Campus Security Act.
• Amended
A
d d iin 1992 and
d 1998 bby th
the Higher
Hi h Education
Ed ti
Amendments.
• Codified at 20 USC 1092f
• Regulations appear at 34 CFR 668.46
• The two most recent Final Rules were published in the
Nov. 1, 1999 Federal Register (pp. 59060-59073) and
Oct. 31, 2002 Federal Register (pp. 66519-66521).
Campus Security Act
The Jeanne Clery Disclosure of Campus
Security Policy and Campus Crime
Statistics Act requires that all institutions
of higher education which receive federal
financial assistance produce an annual
security report which is distributed to all
current students and employees and a
summary of which is available to all
prospective students and employees.
Annual Security Report
The Annual Security Report Must Contain:
• Procedures to report crimes;
• Policies for responding to these reports of crimes;
• Policies for making timely warning reports to
members of the campus community.
• The policies for collecting crime statistics.
• A list of the university officials to whom crimes
should be reported.
• Security of and access to campus facilities;
Annual Security Report
The Annual Security Report Must Contain:
• Arrest authority of campus police;
• Policies to encourage prompt reporting of crimes;
• Policies, if any, to encourage pastoral counselors and
professional counselors,
counselors to inform the persons they are
counseling of any procedures to report crimes on a
voluntary, confidential basis for inclusion in the annual
disclosure of crime statistics.
• Programs to inform about crime and take personal
responsibility for safety;
• Programs on crime prevention.
Annual Security Report
• Policy on enforcement of underage drinking;
• Policy on enforcing drug laws;
• A description of drug and alcohol education
programs;
• Policy for monitoring and recording criminal
activity at off-campus locations of recognized
student groups.
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John Wesley Lowery, Ph.D.
Annual Security Report
Sexual Assault Victim’s Bill of Rights amended the
Campus Security Act to require a policy statement
to be added to the Security Report which includes:
–
–
–
–
–
–
–
Educational
ducat o a pprograms
og a s to ppromote
o ote rape
ape awareness;
awa e ess;
Procedures to follow if a sex offense occurs;
Option to notify local law enforcement/will assist;
Notice of victim services;
Will change academic and living conditions if asked;
Procedures for campus discipline/assistance/outcome
Sanctions that may be imposed.
Victim Notification & Redisclosure:
New FERPA Final Rule
(c) Paragraph (a) of this section [§ 99.33 What
limitations apply to the redisclosure of
information?] does not apply to disclosures…
aaree required
equ ed to disclose
d sc ose under
u de the
t e Jeanne
Jea e Clery
Cey
Disclosure of Campus Security Policy and
Campus Crime Statistics Act, 20 U.S.C. 1092(f)
(Clery Act), to the accuser and accused
regarding the outcome of any campus
disciplinary proceeding brought alleging a
sexual offense. (pp. 74853-74854)
Victim Notification
FERPA was also amended in 1990 by the Clery Act
to allow colleges & universities to inform the
alleged victim of a “crime of violence” of the
outcome of the student disciplinary proceeding
against the alleged perpetrator. (§99.31) The
amendments to the Student Right-to-Know and
Campus Security Act in 1992 require colleges and
universities to inform the victim of an alleged sexual
assault of the final outcome of the disciplinary
proceeding against the alleged perpetrator.
Campus Sex Crimes Prevention
Act (passed October 2000)
The Campus Sex Crime Prevention Act
requires (starting in 2003) that states provide
institutions with the names of all students and
employees who are registered sex offenders
and that institutions make this information
available and include in the annual security
report where this information can be obtained.
Federal Register, Final Rule
October 31, 2002
Crime Statistics
Sec. 668.46 Institutional security policies and crime
statistics.
Beginning with the annual security report distributed by
October 1,, 2003,, a statement advising
g the campus
p
community where law enforcement agency information
provided by a State under section 170101(j) of the
Violent Crime Control and Law Enforcement Act of
1994 (42 U.S.C. 14071(j)), concerning registered sex
offenders may be obtained, such as the law enforcement
office of the institution, a local law enforcement agency
with jurisdiction for the campus, or a computer network
address. (pp. 66519-66521 )
The Annual Security Report must include
the statistics three most recent calendar
years concerning the occurrence on
campus, in or on noncampus buildings or
property, and on public property of the
following crimes that are reported to local
police agencies or to a campus security
authority:
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John Wesley Lowery, Ph.D.
Crime Statistics
1. Criminal homicide:
(A) Murder and nonnegligent manslaughter.
(B) Negligent manslaughter (beginning with 1999)
2. Sex offenses:
(A) Forcible sex offenses
(B) Nonforcible sex offenses
3. Robbery
4. Aggravated assault
5. Burglary
6. Motor vehicle theft
7. Arson (beginning with 1999)
Hate Crimes
An institution must report, by category of
prejudice, any crime it reports pursuant to
paragraphs (c)(1)(i) through (vii) of this section
[this refers to criminal homicide, sex offenses,
robbery, aggravated assault, burglary, motor
vehicle theft, and arson], and any other crime
involving bodily injury reported to local police
agencies or to a campus security authority, that
manifest evidence that the victim was intentionally
selected because of the victim's actual or perceived
race, gender, religion, sexual orientation, ethnicity,
or disability.
Defining Campus
(1) Any building or property owned or controlled by
an institution within the same reasonably
contiguous geographic area and used by the
institution in direct support of, or in a manner
related to, the institution's educational purposes,
including residence halls; and
(2) Any building or property that is within or
reasonably contiguous to the area identified in
paragraph (1) of this definition, that is owned by
the institution but controlled by another person, is
frequently used by students, and supports
institutional purposes (such as a food or other
retail vendor).
Crime Statistics
Arrests for liquor law violations, drug law
violations, and illegal weapons possession.
Statistics for persons (includes both students
and
d employees)
l
) who
h were not arrestedd but
b
were referred for campus disciplinary action
for liquor law violations, drug law violations,
and illegal weapons possession (beginning
with 1999).
Campus Security Act
Crimes (including Hate Crimes) shall be
reported in separate categories for:
A. On campus.
B Of th
B.
the crimes
i
on campus, the
th number
b off
crimes that took place in dormitories or
other residential facilities for students on
campus
C. In or on a noncampus building or property
D. On public property
Noncampus Building or
Property
(1) Any building or property owned or controlled
by a student organization that is officially
recognized by the institution; or
(2) Any building or property owned or controlled
by an institution that is used in direct support of,
or in relation to, the institution's educational
purposes, is frequently used by students, and is
not within the same reasonably contiguous
geographic area of the institution.
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John Wesley Lowery, Ph.D.
Public Property
All public property, including
thoroughfares, streets, sidewalks, and
parking facilities
facilities, that is within the
campus, or immediately adjacent to
and accessible from the campus.
Campus Security Authority
(1) A campus police department or a campus
security department of an institution.
((2)) Anyy individual or individuals who have
responsibility for campus security but who do
not constitute a campus police department or a
campus security department under paragraph
(1) of this definition, such as an individual
who is responsible for monitoring entrance
into institutional property.
Campus Security Authority
(3) Any individual or organization specified in an
institution's statement of campus security policy as an
individual or organization to which students and
employees should report criminal offenses.
((4)) An official of an institution who has significant
g
responsibility for student and campus activities,
including, but not limited to, student housing, student
discipline, and campus judicial proceedings. If such an
official is a pastoral or professional counselor , the
official is not considered a campus security authority
when acting as a pastoral or professional counselor.
Timely Warning
“An institution must make a timely warning
to the campus community of the following
p
to a campus
p securityy
crimes reported
authority or local police, if the institution
believes a crime represents a threat to
students and employees”
Annual Security Report
(e) Annual security report. (1) Enrolled students and
current employees—annual security report. By October
1 of each year, an institution must distribute, to all
enrolled students and current employees, its annual
security report described in Sec. 668.46(b), through
appropriate publications and mailings,
mailings including—
including
(i) Direct mailing to each individual through the U.S.
Postal Service, campus mail, or electronic mail;
(ii) A publication or publications provided directly to each
individual; or
(iii) Posting on an Internet website or an Intranet website,
subject certain restrictions.
Annual Security Report
Notice to enrolled students. (1) An
institution annually must distribute to all
enrolled students a notice of the availability
of the information required to be disclosed
pursuant by the Campus Security Act. The
notice must list and briefly describe the
information and tell the student how to
obtain the information.
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John Wesley Lowery, Ph.D.
Annual Security Report
Annual Security Report
An institution that discloses information to
enrolled students as required under the Campus
Security Act by posting the information on an
Internet website or an Intranet website must
include in the notice -(i) The exact electronic address at which the
information is posted; and
(ii) A statement that the institution will provide a
paper copy of the information on request.
A copy of [name of institution]'s annual security report.
This report includes statistics for the previous three years
concerning reported crimes that occurred on campus; in
certain off-campus buildings or property owned or
controlled by [name of institution]; and on public property
within or immediately adjacent to and accessible from,
within,
from the
campus. The report also includes institutional policies
concerning campus security, such as policies concerning
alcohol and drug use, crime prevention, the reporting of
crimes, sexual assault, and other matters. You can obtain a
copy of this report by contacting [name of office] or by
accessing the following website [address of website]. (p.
43583)
Record Retention and the
Campus Security Act
Institutions must maintain retain records to
substantiate the information released under the
Campus
p Securityy Act for 3 calendar years
y
after the
final disclosure (34 CFR 668.24). This effectively
means 7 years because a crime occurred and
reported in January 2005 would be included in the
2006, 2007, and 2008 annual security reports and
would have to be maintained for 3 years after the
last disclosure.
Additional
Cl
Clery
Act
A t
Resource
Additional Clery Act Resource
Handbook for Campus Crime Reporting. (2005)
http://www.ed.gov/admins/lead/safety/handbook.pdf
http://www.ed.gov/admins/lead/safety/handbook.doc
Enforcement of the Campus
Securityy Act
This handbook was developed by the U.S.
Department of Education to present step-by-step
procedures, examples, and references for higher
education institutions to follow in meeting the
Clery Act requirements.
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John Wesley Lowery, Ph.D.
Penalties
Upon a determination... that an institution of higher
education has substantially misrepresented the number,
location, or nature of required to be report under this
subsection, the Secretary shall impose a civil penalty upon
the institution...
Th S
The
Secretary
t
may iimpose a civil
i il penalty
lt upon suchh
institution of not to exceed $27,500 (raised from $25,000
effective November 18, 2002) for each violation or
misrepresentation.
Any civil penalty may be compromised by the Secretary.
20 USC 1094(c)(3)(B)
Eastern Michigan Clery Act Violations
1. Failure to Provide “Timely Warning” In Response to
Homicide Investigation of On-campus Student Death
2. Lack of Administrative Capability
•
•
Serious and systemic lack of capability
Required training for institutional personnel
K D
Key
Documents:
t
Notification of Fine Letter (Dec. 14, 2007)
Final Program Review Determination (Nov. 14, 2007)
Program Review Report (June 27, 2007)
Eastern Michigan Clery Act Violations
5. Lack of Adequate Policy Statements
–
–
–
How the statistics are prepared
Policies regarding sexual assault
Sex Offender Information
6. Failure to Report All Required Statistics Occurring on
p y and in Non-Campus
p Buildings
g or
Public Property
Property
33. Lack
L k off Timely
Ti l Warning
W i Policy
P li
4. Failure to Properly Disclose Crime Statistics
–
A. Failure to accurately report sexual assaults
B. Failure to properly report Alcohol, Drug, and Illegal
Weapons Possession Violations
C. Failure to properly report referrals for disciplinary action for
Alcohol, Drug, and Illegal Weapons Possession Violations
• Required to submit Independent Statistical Validation.
$357,500 Fine Break Down
9 Failure to provide timely warning
9 Lack of administrative capability
9 Failure to have timely warning policy
9 Failure to properly disclose statistics
Eastern Michigan Clery Act
Violations
$27,500
$27,500
$27,500
$82,500
–
Failure to include statistics from the Ypsilanti City Police and
demonstrate efforts to obtain them.
Failure to include statistics for some off-campus student
organizations.
7. Failure to Properly Maintain Crime Log
–
Failure to update Campus Crime Log with disposition
information.
Higher Education Opportunity Act
(Public Law 110-315)
(2003 2004
(2003,
2004, & 2005)
9 Failure to provide ASR policy statements
$82,500
(2003, 2004, & 2005)
9 Failure to report all statistics for public
property and non-campus buildings
$82,500
(2003, 2004, & 2005)
9 Failure to properly maintain crime log
$27,500
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John Wesley Lowery, Ph.D.
Changes to the Clery Act
Changes to the Clery Act
The Annual Security Report must contain:
• A statement of current campus policies
regarding immediate emergency response
and evacuation procedures, including the
use of electronic and cellular
communication (if appropriate).
Changes to the Clery Act
Expands the list of hate crimes* to be reported to
include:
• larceny-theft
• simple
i l assault
l
• intimidation
• destruction, damage, or vandalism of property
* Note: this statistics are not required generally,
but only for hate crimes.
Victim Notification
The institution will, upon written request,
disclose to the alleged victim of any crime of
violence, or a nonforcible sex offense, the report
on the results of any disciplinary proceeding
conducted by such institution against a student
who is the alleged perpetrator of such crime or
offense with respect to such crime or offense. If
the alleged victim of such crime or offense is
deceased as a result of such crime or offense, the
next of kin of such victim shall be treated as the
alleged victim.
These policies must include procedures to–
(i) immediately notify the campus community upon the
confirmation of a significant emergency or dangerous
situation involving an immediate threat to the health or
safety of students or staff occurring on the campus,
unless issuing a notification will compromise efforts to
contain the emergency;
(ii) publicize emergency response and evacuation
procedures on an annual basis in a manner designed to
reach students and staff; and
(iii) test emergency response and evacuation procedures
on an annual basis.
Clery Act Whistleblower
Protections
(17) Nothing in this subsection [The Clery
Act] shall be construed to permit an institution,
or an officer,
ffi
employee,
l
or agent off an
institution, participating in any program under
this title to retaliate, intimidate, threaten,
coerce, or otherwise discriminate against any
individual with respect to the implementation
of any provision of this subsection.
Missing Student Procedures*
(A) establish a missing student notification policy for
students who reside in on-campus housing that–
(i) informs each such student that such student has
the option to identify an individual to be contacted
by the institution not later than 24 hours after the
ti that
time
th t the
th student
t d t is
i determined
d t
i d missing
i i in
i
accordance
(ii) provides each such student a means to register
confidential contact information in the event that
the student is determined to be missing for a period
of more than 24 hours;
* Only applies to institutions with on-campus housing.
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John Wesley Lowery, Ph.D.
Missing Student Procedures
(iii) advises each such student who is under 18 years of
age, and not an emancipated individual, that the
institution is required to notify a custodial parent or
guardian not later 24 hours after the time that the
student is determined to be missing in accordance with
such procedures;
(iv) informs each such residing student that the
institution will notify the appropriate law enforcement
agency not later than 24 hours after the time that the
student is determined missing in accordance with such
procedures; and
Missing Student Procedures
(v) requires, if the campus security or law
enforcement personnel has been notified and makes
a determination that a student who is the subject of
a missing person report has been missing for more
th 24 hours
than
h
andd has
h nott returned
t
d to
t the
th campus,
the institution to initiate the emergency contact
procedures in accordance with the student's
designation; and
Missing Student Procedures
Missing Student Procedures
The institution must establish official notification
procedures for a missing student who resides in
on-campus housing that
(i) includes procedures for official notification of
appropriate
i individuals
i di id l at the
h institution
i i i that
h suchh
student has been missing for more than 24 hours;
(ii) requires any official missing person report
relating to such student be referred immediately to
the institution's police or campus security
department; and
If the investigation of the official report, such department
determines that the missing student has been missing
for more than 24 hours, requires—
(I) such department to contact the individual identified
by such student;
(II) if such student is under 18 years of age, and not an
emancipated individual, the institution to immediately
contact the custodial parent or legal guardian of such
student
(III) if subclauses (I) or (II) do not apply to a student
determined to be a missing person, inform the
appropriate law enforcement agency.
Internet Resources
• Campus Security Info
www.ed.gov/offices/OPE/PPI/security.html
• Thomas: Library of Congress
http://thomas.loc.gov
• Department
p
of Education
www.ed.gov
• Information for Financial Aid Professionals
http://ifap.ed.gov
• United States Code
www4.law.cornell.edu/uscode/
• Campus Legal Information Clearinghouse
http://counsel.cua.edu
For more information contact:
John Wesley Lowery, Ph.D.
Associate Professor, SAHE Department
Indiana University of Pennsylvania
206 Stouffer Hall
Indiana, PA 15705
724-357-4535 office
Visit www.iup.edu/sahe
jlowery@iup.edu
http://www.johnwesleylowery.com
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